Article 4 of the Saudi Enforcement Law before the Board of Grievances
المادة 4 من نظام التنفيذ أمام ديوان المظالم · الباب الأول: أحكام عامة
The article requires an enforcement instrument for a right of fixed amount that is due before compulsory enforcement, lists the instruments the Law covers, and refers the related provisions to the Regulations.
Official text (Arabic)
This article has not been amended since the law was issued.
لا يجوز التنفيذ الجبري إلا بسند تنفيذي لحق محدد المقدار حال الأداء. والسندات التنفيذية المشمولة بأحكام النظام هي:
1- الأحكام النهائية أو العاجلة الصادرة من محاكم ديوان المظالم.
2- الأحكام النهائية أو العاجلة التي تكون جهة الإدارة طرفًا فيها.
3- العقود التي تكون جهة الإدارة طرفاً فيها، والمحررات التي تصدرها إذا كانت موثقة.
4- أحكام المحكمين التي تكون جهة الإدارة طرفًا فيها.
5- الأوراق التجارية التي تكون جهة الإدارة طرفًا فيها.
وتحدد اللائحة الأحكام المتعلقة بذلك.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 4 explained in plain English
This article answers the question: when can the other party be compelled to enforce? The answer is that compulsory enforcement is permitted only with an enforcement instrument for a right that meets two conditions:
- Fixed in amount: that is, its amount is known.
- Due for performance: that is, the time for its performance has come.
The article then sets the enforcement instruments the Law covers, which are:
- Final or urgent judgments issued by the courts of the Board of Grievances.
- Final or urgent judgments to which the administrative authority is a party.
- Contracts to which the administrative authority is a party, and documents it issues if they are notarized.
- Arbitral awards to which the administrative authority is a party.
- Commercial papers to which the administrative authority is a party.
Note that instruments two to five are tied to the administrative authority being a party to them, and that the article left it to the Implementing Regulations to set the provisions related to these instruments, so their detailed conditions cannot be inferred from the text alone.
These instruments are enforced by the Administrative Enforcement Court or the enforcement circuits under Article 3, and Article 5 follows to show that the Court's decisions and orders are final, while its judgments are subject to objection before the competent administrative court of appeal.
If you have a specific case, it is best to consult a lawyer specialized in administrative cases and enforcement cases before the Board of Grievances.
Practical example
An arbitral award was issued in a dispute between a company in Jeddah and a government body, obliging the body to pay a fixed amount. This award is one of the instruments the Law covers because the administrative authority is a party to it, and the company may request its compulsory enforcement once the right is fixed in amount and due for performance, subject to the provisions set by the Regulations.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 4 of the Saudi Enforcement Law before the Board of Grievances
What are the conditions for compulsory enforcement before the Board of Grievances?
Compulsory enforcement is permitted only with an enforcement instrument for a right fixed in amount and due for performance.
Is a contract with a government body an enforcement instrument?
The article lists among the instruments contracts to which the administrative authority is a party, and refers the related provisions to the Regulations.
Can an arbitral award against a government body be enforced?
Yes. Arbitral awards to which the administrative authority is a party are enforcement instruments covered by the Law.
Do checks or promissory notes fall under this Law?
The article covers commercial papers to which the administrative authority is a party.
More articles on Administrative Enforcement Documents
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.